KCBA ADR- Annual Ethics CLE- Dec. 8



King County Bar Association

1200 Fifth Avenue - Suite 700 Seattle, WA

Thursday, December 8, 2016

12:00 PM to 1:30 PM

Examining Lawyer-Mediator Ethics Opinions in Washington and Other States

1.5 CLE Credit - # Approval Pending



 12:00 PM            Presentation:  ‘Examining Lawyer-Mediator Ethics Opinions in Washington and Other States’, by Liz Silvestrini, Sarah Armstrong, Page Garcia, Donna Lurie, Lori Buchsbaum.

 Join the KCBA ADR Section at our December meeting for an interactive discussion about mediator ethics opinions issued in Washington by the WSBA Committee on Professional Ethics.  We will also be exploring select opinions from other states made available through the ABA National Clearinghouse for Mediator Ethics Opinions.  The discussion will involve role-plays (no acting necessary!) to stimulate productive conversation about common ethical dilemmas arising in every day practice.  

 Opinions to be explored include: 

·        WSBA Opinion 1671 (IOLTA Accounts for Lawyer-Mediators)

·        WSBA Opinion 904 (Marketing Brochures for Lawyer-Mediators)

·        WSBA Opinions 1551 and 2078 (Navigating Our Lawyer-Mediator Role in Divorce Case)

·        WSBA Opinion 1422 and 1374 (Operating a Mediation Service with Non-Lawyers) 

·        Georgia Opinion 4 (Representation of Mediation Party Years After Mediation Concluded)

·        New York Opinion 2009-01 (Conflict Checks and Confidentiality for Lawyer-Mediators)

·        North Carolina Opinion 13-23 (Mediator Facilitating Unauthorized Practice of Law)

·        Oregon Opinion 2005-167 (Concealment of Assets in Divorce Mediation)

 Questions for each opinion include: 

·        How would you approach this situation? 

·        What ethical dilemmas does it pose?

·        Which RPCs are implicated?

·        What do the Model Standards for Conduct for Mediators offer for addressing this situation?

·        How was the ethical dilemma solved by the WSBA Committee on Professional Ethics or other state ethics authority?